HomeMy WebLinkAbout1991 05 15 CC MIN1991 05 15 CC MINòw @˜ w › CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
MAY 15, 1991 AT 7:00 P.M.
The City Council of the City of Baldwin
Park met in regular session in the
Council Chambers at 7:00 p.m.
ROLL CALL: PRESENT: COUNCILMEMBERS GALLEGOS, IZELL, ROLL CALL
KEYSER, MCNEILL AND MAYOR LOWES
ALSO PRESENT: City Manager Penman,
City Attorney Bower,
Acting Dir. of Administrative
Services Cole,
Police Chief Lanza,
Dir. of Human Serv. Lucas,
City Planner Onaga,
City Treasurer Montenegro,
Deputy City clerk Branek,
City Clerk Gair
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ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and ORAL COMMU
invited those wishing to speak on any subject to come NICATIONS
forward.
Roy Test, 15115 Kenoak Dr., referred to the late charge TEST
on Websters refuse billing, the amount of the late
charge and that the bill is due before the services have
been rendered.
City Manager Penman stated that a letter had been sent PENMAN
to Websters Refuse pointing out the error in the late
charge and the date that a bill becomes delinquent.
Raul Martinez, 14465 Cavette, expressed his MARTINEZ
appreciation for the police department's open house, the
excitement of his son posing with Chief Lanza for a
picture and the positive attitude of the officers.
Kathy Castenada, WINGS, Box 1464, West Covina, commented CASTENADA
that WINGS respectfully declined any funding from CDBG
funding that had been granted by Council at the previous
Council meeting and stated the reasons why.
There being no other speakers, Mayor Lowes declared Oral CLOSED
Communications closed.
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City Clerk Gair presented the Consent Calendar: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
May 15, 1991
2. Approve Minutes of May 1, 1991
3. Waive Further Reading and Adopt
RESOLUTION NO. 91-23 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
April 30, 1991
5. Approve Agreement USDA Summer Lunch Program
6. Receive and File the Comprehensive Annual
Financial Report for Fiscal Year 1990- CAFR
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1991 05 15 CC MINòw @˜ w › CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL KAY 15, 1991
OF THE CITY OF BALDWIN PARK PAGE TWO
7. Approve General Services Agreement
Los Angeles County
8. Waive Further Reading and Adopt
RESOLUTION NO. 91-24 APPROVING RENEWAL OF A
SIXTH YEAR APPLICATION
FOR GRANT FUNDS FOR THE
CITY OF BALDWIN PARK
GANG VIOLENCE
SUPPRESSION UNIT AND
AUTHORIZING THE
EXECUTION OF NECESSARY
DOCUMENTS
9. Waive Further Reading and Adopt
ORDINANCE NO. 1047 SUPPORTING THE IMPOSITION
Second Reading) OF ADDITIONAL VEHICLE
REGISTRATION FEES TO BE
USED TO REDUCE MOBILE
SOURCE AIR POLLUTION AND
ESTABLISHING A TRUST
ACCOUNT FOR THE DEPOSIT
OF SUCH FEES BY THE CITY
AS RECEIVED FROM THE
SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
10. Waive Further Reading and Adopt
ORDINANCE NO. 1048 AMENDING THE MUNICIPAL
Second Reading) CODE RELATING TO SALES
AND STORAGE REQUIREMENTS
OF AEROSOL SPRAY PAINT
AND DYE CONTAINERS BY ANY
BUSINESS OR ESTABLISHMENT
OFFERING SAID CONTAINERS
FOR SALE TO THE PUBLIC
11. Waive Further Reading and Adopt
RESOLUTION NO. 91-25 AUTHORIZING THE SUBMITTAL
OF AN APPLICATION FOR THE
PURPOSE OF OBTAINING 17TH
YEAR COMMUNITY
DEVELOPMENT
BLOCK GRANT FUNDS FROM
THE U.S. DEPARTMENT
OF HOUSING AND URBAN
DEVELOPMENT
At the request of Mayor Lowes Items No. 6 & 11 of the ITEMS NO.
Consent Calendar was removed for separate consideration. 6 & 11
REMOVED
It was moved and seconded to approve Items No. 1-5 and CONSENT
7-10 of the Consent Calendar. K/S/C: MCNEILL/IZELL. CALENDAR
There were no objections. APPROVED
City Manager Penman stated that the report for Item No. ITEM NO.6
6, the Comprehensive Annual CONT'D Financial Report for CONT'D
Fiscal Year 1990 CAFR, was received late, and will be JUNE 5TH
held over and presented on June 5th.
City Manager Penman suggested that Item No.11, relating ITEM
to the allocation of funding to WINGS be replaced into NO. 11
the Contingency Account and approve the submittal of the
application for the 17th Year Community Development
Block Grant with modification.
It was moved and seconded to approve Item No. 11, ITEM
as stated and submittal of the application for the 17th NO. 11
Year Community Development Block Grant with the WINGS APPROVED
funding reprogramed into Contingency. K/S/C:
GALLEGOS/IZELL. There were no objections.
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1991 05 15 CC MINòw @˜ w › CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL MAY 15, 1991
OF THE CITY OF BALDWIN PARK PAGE THREE
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Administrative Assistant Nunez requested approval to do RAIL
an environmental study for the Baldwin Park Rail Station STATION
Project. He stated that a preliminary environmental
assessment of the rail station site had been prepared by
Myra L. Frank and Associates and an environmental
consultant has been hired by the LACTC. The assessment
indicates the City could be exempt from California
Environmental Quality Act CEQA) requirements, but if an
assessment was done, a mitigated negative declaration is
recommended. The Planning Department could prepare the
preliminary mitigated negative declaration with
information from noise and traffic consultants. The
staff time and consultant cost for the project is Prop.
A eligible and Staff has filed applications for grants
from various agencies for the project. Staff
recommended proceeding with the mitigated negative
declaration.
City Manager Penman stated that the environmental DISCUSSION
information with the noise and traffic analysis is
required before Council makes a final decision regarding
the rail station. The City may qualify for a
categorical exemption which is a judgement the City
would have to make but the project could be challenged
if the exemption is taken.
Council discussed the possibility of the rail station
being built by LACTC, the burden of the environmental
assessment placed on the City, the distance between each
rail station and the eligibility of Prop A funds for the
project.
City Attorney Bower explained that the County would be
exempt from the local zoning laws but subject to state
law which requires compliance with CEQA and that a
mitigated negative declaration enhances the chances of
winning a lawsuit. If Council decides on an exemption,
the City can file a notice of Exemption which starts a
thirty-five day statute of limitation, same with the
negative declaration, there is a Notice of Determination
filed and a statute of limitation of thirty days. If
the environmental assessment points out there are going
to be impacts that are not mitigable then the City would
have to do an EIR.
City Planner Onaga explained that the exemption is
statutory rather than categorical, the court decision
regarding the rail lines for the Napa valley Wine Train,
and the input needed to mitigate the negative
declaration.
In response to Mayor Lowes, City Manager Penman stated
that the County Transportation Commission has right-of-
* way on Southern Pacific tracks, has acquired the
adjacent property, the preference to each station being
located approximately five miles apart and that there is
no guarantee that the station will be built in the City.
Mayor Lowes stated that a fast rail is coming through
Baldwin Park and the rails will be repaired beginning in
August. The citizens deserve a station and the City
needs to know the impact of noise and traffic.
It was moved and seconded to approved the rail station STATION
in concept. MIS/C: IZELL/MCNEILL. There were no CONCEPT
objections. APPROVED
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1991 05 15 CC MINòw @˜ w › CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL MAY 15, 1991
OF THE CITY OF BALDWIN PARK PAGE FOUR
It was moved and seconded to proceed with the ENVIRONMEN
environmental assessment of the site and authorize TAL ASSESS
expenditures not to exceed $16,000. M/S/C: MENT
GALLEGOS/IZELL. There were no objections. APPROVED
Acting City Engineer Rodriguez requested that Council ENGINEER'S
adopt the resolution approving the Engineer's Report for REPORT
fiscal year 1991-92 declaring its intention to provide LIGHTING &
for the annual levy and collection of assessments in LANDSCAPE
connection with the Maintenance District and setting a MAINTEN-
time and place for a public hearing. He stated that ANCE
staff recommends approval of the addition of traffic
signal operations and maintenance costs to the District,
which will relieve the City's general fund budget
shortfall by $155,000. Previously the costs of lighting
and landscape maintenance exceeded the revenue and was
covered by the general fund subsidies. He quoted the
rates per frontage foot and quoted an average cost per
dwelling unit. Staff recommended 1). Adopting the
Resolution approving the Engineer's Report for certain
landscaping and lighting maintenance Districts. 2).
Adopt the Resolution declaring the City Council's
intention to provide for annual levy and collection of
assessments for certain landscaping and lighting in an
existing Maintenance District, pursuant to the
Provisions of Division 15, Part 2, of the Streets and
Highways Code of the State of California and setting a
public hearing for June 5, 1991.
City Manager Penman suggested that cuts be made of
$55,000 in the landscaping portion of the budget, that
would reduce to $100,000 the increase from the traffic
signal and traffic energy cost. The reduction would
include one staff position and $17,000 of miscellaneous
expenses in the landscape district. The landscape
district should absorb the $55,000 in cuts and proceed
with the addition of $155,000 in the lighting so the net
change would be $100,000. He recommended that Council
direct the Engineer to respread the costs including the
traffic signal maintenance and energy costs, to
implement $55,000 in reduction to the landscape
assessment and that it be included in the Engineer's
Report for the public hearing for the first meeting in
June.
Councilman Gallegos questioned the service to the DISCUSSION
community with the cuts suggested and the feasibility of
doing both, maintaining the assessment increase and
making the cuts, which would save $210,000.
City Manager Penman explained that in the Landscape and
Lighting District Act, a City can not accumulate a
surplus, the monies collected may include overhead
expenditures, which have been budgeted, but all
expenditures must be related to the district.
It was moved and seconded to adopt Resolution No. 91- RESOLUTION
26, APPROVING THE ENGINEER'S REPORT FOR CERTAIN NO.91-26
LANDSCAPING AND LIGHTING MAINTENANCE IN A MAINTENANCE ADOPTED
DISTRICT WITHIN THE CITY OF BALDWIN PARK," with WITH
direction to the Engineer to redirect the costs and DIRECTION
implement a $55,000 reduction. H/S/C: GALLEGOS/IZELL.
There were no objections.
It was moved and seconded to adopt Resolution No. 91- RESOLUTION
27, DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY NO.91-27
AND COLLECTION OF ASSESSMENTS FOR CERTAIN LANDSCAPING ADOPTED
AND LIGHTING IN AN EXISTING MAINTENANCE DISTRICT,
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC
HEARING THEREON." H/S/C: GALLEGOS/IZELL. There were no
objections.
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1991 05 15 CC MINòw @˜ w › CC MIN MAY 15 1991à›[H2‹8 REGULAR MEETING OF THE CITY COUNCIL MAY 15, 1991
OF THE CITY OF BALDWIN PARK PAGE FIVE
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COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
City Clerk Gair stated that the gymnasium at Sierra PUBLIC
Vista High School has been reserved for the June 12th HEARING
public hearing on the card club and it is being JUNE 12
advertised in the Tribune, the Bulletin and the Chamber Sn's
of Commerce bulletin. GYM
City Manager Penman asked Council to establish a process CHAMBER
on the negotiation of the City Chamber agreement. AGREEMENT
Mayor Lowes asked City Manager and Staff to keep the BE PART OF
costs of Be Part of Baldwin Park down so that the event BALDWIN
can break even and not cost the City extra money. PARK
Council concurred.
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The regular meeting of the City Council was recessed at RECESSED
8:00 p.m. 8:00 P.M.
The regular meeting of the City Council reconvened at RECONVENED
8:04 p.m. Roll call remained the same. 8:04 P.M.
City Manager Penman suggested Monday, May 20th, at 10:00 BUDGET
a.m. for a joint Study Session of the budget for City MEETING
and Redevelopment Agency. MAY 20TH
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CLOSED SESSION
The city Council was adjourned to a Joint Closed Session JOINT
with the Redevelopment Agency at 8:04 p.m. to consider CLOSED
pending litigation authorized by Government Code Section SESSION
54956.9(a), Baldwin Park Business Development
Corporation vs Dominguez, and direction to staff
regarding potentional property acquisition at 14205 E.
Garvey Avenue, pursuant to Government Code Section
54956.8.
The regular meeting of the city Council was reconvened RECONVENED
at 8:25 p.m. Roll call remained the same. 8:25 P.M.
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The regular meeting of the City Council was adjourned at MEETING
8:25 P.M.to an adjourned regular meeting on Monday, May ADJOURNED
20th at 10:00 a.m.
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